Bankruptcy laws and resources vary from state to state. The following page provides information and resource links for the state of Rhode Island.
If you are not looking for information regarding Rhode Island, please use the links on the left to find information for your state.
Following is the address and telephone number for the Rhode Island bankruptcy court:
U.S. Bankruptcy Court
380 Westminster Street,
Providence, RI 02903
Telephone: (401) 626-3100
The U.S. Bankruptcy Code allows individual debtors to exempt certain property from creditor claims based on exemptions under either federal law or state law. Exemptions vary from state to state. Some states have adopted their own set of bankruptcy exemptions that are used in place of the federal exemptions. However, other states give debtors an option to choose between either state or federal exemptions.
Rhode Island bankruptcy law allows residents to use either the federal set of exemptions or state exemptions.
Following are common state exemptions in Rhode Island:
|Homestead||$300,000 homestead exemption|
|Automobile||$10,000 automobile exemption|
100% of wearing apparel
Contact a Rhode Island bankruptcy lawyer for more information regarding Rhode Island bankruptcy exemptions.
The new bankruptcy laws enacted in 2005 also require that debtors pass a means test before filing a Chapter 7 bankruptcy. There are two ways to pass the means test:
1. the debtor's annual income (calculated using the average gross income for the six month period prior to filing) must be below the state median. Census Bureau statistics for state median income by family size can be found here (for cases filed between April 1, 2013 and April 30, 2013).
2. If income exceeds the median income, individuals may still file Chapter 7 bankruptcy based on results of Form 22A: Chapter 7 Statement of Current Monthly Income and Means-Test Calculation. .
Pursuant to the new bankruptcy laws enacted in 2005, individuals who file personal bankruptcy (with limited exceptions) in Rhode Island must:
1. take a credit counseling course from an approved Rhode Island credit counseling provider within six months before filing bankruptcy; and
2. complete a debtor education course from an approved Rhode Island debtor education agency prior to receiving a bankruptcy discharge.
To find Rhode Island bankruptcy lawyers in your area, you may want to check out the Rhode Island Bar Association Lawyer Referral Service and Reduced Fee Program.
U.S. Bankruptcy Court for the District of Rhode Island - administrative and procedural information for Rhode Island bankruptcy filings
Office of the U.S. Trustee for Region 1 - oversees the administration of Rhode Island personal bankruptcy cases and case trustees
Rhode Island Bar Association - information about the Rhode Island bar, membership, ethics, continuing legal education, and resources for the public.